Bill S.771
187th (2011 - 2012)

An Act relative to assuring the integrity of mortgage foreclosure

Bill Title: An Act relative to assuring the integrity of mortgage foreclosure

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 771) of James B. Eldridge, Patricia D. Jehlen, James J. Dwyer, Sonia Chang-Diaz and other members of the General Court for legislation relative to assuring the integrity of mortgage foreclosure . The Judiciary.

SECTION 1. Section 1 of chapter 244 of the General Laws is hereby amended by adding the following new sentence at the end therof: “Notwithstanding the foregoing, unless at the time of entry the holder of record of the mortgage is the note holder or the note holder’s representative identified under section 15B, and the information required under section 6C of chapter 183 of the General Laws with respect to such holder or with respect to such representative under section 15B is recorded, such entry shall be of no force or effect and the mortgage may be foreclosed only by action under this chapter.”

SECTION 2. Section 14 of chapter 244 of the General Laws is hereby amended by adding the following new sentence at the end thereof: “Notwithstanding the foregoing, unless at the time of first publication of notice of sale the holder of record of the mortgage is the note holder or the note holder’s representative identified in accordance with section 15B and the information required under section 6C of chapter 183 of the General Laws with respect to such holder or with respect to such representative under section 15B is recorded, the power of sale may be exercised only under section 11 of this chapter and any sale without action shall be void.”

SECTION 3. Chapter 244 of the General Laws is hereby amended by adding at the end of section 15A the following new sections:

Section 15B. Affidavit of Representative of Note Holder

A person named as mortgagee of record who acts as trustee or in other fiduciary capacity for the persons owning the rights of the note holder may sign an affidavit, executed under the penalties of perjury, fully and particularly stating his authority to act for such persons, attesting to have the note or an accurate copy of the note and accurate record of the borrower’s default, and stating a business address, mail address or post office address of the person, to be recorded in the registry of deeds for the county or district where the land lies, with a note or reference thereto on the margin of the record of the mortgage deed, if it is recorded in the same registry. If the affidavit shows that such person has full authority of a note holder to deal with the borrower with respect to the note and attests to having the note or an accurate copy of the note and accurate record of the borrower’s default, such person shall have the authority of the note holder to foreclose by entry under section 1 or by the power of sale without action under section 14 of this chapter.

Section 15C. Affidavit of Address of Mortgagee or Assignee or Representative

A person named as mortgagee of record under a mortgage or assignment of a mortgage that does not contain the information required under Section 6C of chapter 183 of the General Laws may sign an affidavit, executed under the penalties of perjury, stating such information, to be recorded in the registry of deeds for the county or district where the land lies, with a note or reference thereto on the margin of the record of the mortgage deed, if it is recorded in the same registry.

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